Ida JAMES, individually and as Administratrix The Appellate Division Prosequendum and General Administratrix of the Estate of Walter James, Plaintiff-Respondent,
v.
BESSEMER PROCESSING CO., INC., Roman Heart, Baker Lite Co., American Cyanamid Company, Linde Gases of the Mid-Atlantic, Inc., Mellen Chemicals, Inc., Pope Chemical, now known as Daicolor-Pope, Inc. and John Does 1-200, Defendants, and
Hooker Chemical Co., now known as Occidental Chemical Corp., Standard Oil, now known as Exxon Company, USA, Texas Oil, now known as Texaco Inc., Shell Oil, now known as Shell Oil Company, Chevron Oil, now known as Chevron U.S.A., Inc., Sun Oil, now know as Sun Company Inc., Mobil Oil, now known as Mobil Oil Corporation, MacArthur Petroleum, now known as Macarthur Petroleum & Solvents Company, Pride Solvents, now known as Pride Solvents & Chemical Co. of New Jersey, Inc., Ashland Chemical, now known as Ashland Chemical, Inc., Amoco, now known as Amoco Corporation, CITGO, now known as CITGO Petroleum Corporation, North American Paint Manufacturing Co., now known as North American Paint Company, Defendants-Appellants.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued March 16, 1998.
Decided July 27, 1998.
Attorney(s) appearing for the Case
James Crawford Orr, Newark, for defendants-appellants Exxon Company, U.S.A., Occidental Chemical Corp, Shell Oil Company, Mobil Oil Corporation, Sun Company Inc., Ashland Chemical, Inc., Texaco Inc., North American Paint Company (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; Susan Karlovich, on the brief).
Sally H. Atkins, Newark, for defendant-appellant Chevron U.S.A. Inc. (Slowinski Atkins, attorneys; Matthew S. Slowinski, of counsel).
Ronald M. Gutwirth, Orange, for plaintiff-respondent.
Mark L. Czyz, Newark, on behalf of defendant-appellant CITGO Petroleum Corporation relied upon the brief submitted by Exxon Company, U.S.A., Occidental Chemical Corp, Shell Oil Company, Mobil Oil Corporation, Sun Company Inc., Ashland Chemical, Inc., Texaco Inc., North American Paint Company (Mattson & Madden, attorneys).
Richard M. Mandel, Union, submitted a letter in lieu of brief on behalf of defendants-appellants Pride Solvents & Chemical Co. of New Jersey, Inc. (O'Brien, Liotta & Mandel, attorneys).
Joel R. Clark, Hackensack, submitted a brief on behalf of defendants-appellants MacArthur Petroleum & Solvents Company (McGivney & Kluger, Florham Park, attorneys, Mr. Clark and Charles M. McGivney, Jr., on the brief).
David S. Osterman on behalf of defendant-appellant Amoco Corporation relied upon the brief submitted by Exxon Company, U.S.A., Occidental Chemical Corp, Shell Oil Company, Mobil Oil Corporation, Sun Company Inc., Ashland Chemical, Inc., Texaco Inc., North American Paint Company (McCarter & English, attorneys).
Michael D. Loprete, Newark, submitted a brief on behalf of amicus curiae Chemical Manufacturers Association (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Loprete, Anthony P. LaRocco and Heather L. Akawie, on the brief).
Supreme Court of New Jersey.
The opinion of the Court was delivered by STEIN, J.
The critical issue presented by this appeal concerns the specificity of proofs required to entitle plaintiff to a jury trial on the question whether decedent's stomach and liver cancer was proximately caused by prolonged, frequent and repetitive exposure to defendants' petroleum and chemical products that contained no warning of their hazardous propensities. Defendants contend...
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